ACI Forum on Minimizing Legal Risks in the Design, Implementation & Administration of Executive Compensation

Sutton Place Hotel
Leading outside counsel, in-house professionals and key regulators will provide you with up-to-the minute practical information on:
  • The key enforcement and legislative actions that will continue to change the scope of executive compensation practices for 2010 and beyond
  • Identifying common design issues and problem areas under Section 409A
  • The Corrections Process: Structuring non-exempt deferred compensation arrangements to comply with 409A's requirements in both form and in operation
  • IRS Audits: Preparing for one of the agency's biggest audit campaigns in more than 25 years
  • The SEC Proxy Disclosure Enhancements: Key risk management issues related to the enhanced guidelines and compensation policies and practices
  • Using the latest trends on clawbacks, restrictive covenants, and "good reason" terminations to craft clear and concise employment agreements that reduce ambiguity and protect the interests of your company and your clients
  • The limits, exceptions, and special nuances associated with performance-based awards
  • What's next for "Say on Pay"?: Preparing for new developments so your company/client is equipped to create effective plans
  • The changing role of compensation committees
  • Overcoming the challenges that arise in the global market: Crafting compensation packages for non-US companies or multinational corporations

Gretchen Harders will be participating in the following presentation:

Using Clawbacks, Restrictive Covenants, "Good Reason" Terminations and Other Related Trends in Compensation Law to Craft Clear and Concise Employment Agreements That Reduce Ambiguity and Protect the Interests of Your Company and Your Clients

  • "Clawbacks" of Executive Compensation and other
  • methods of protection — what are the potential risks with these programs?
    • What type of compensation should be covered by a recoupment policy?
    • What are potential risks with these programs?
    • Should you have a "fault trigger"?
    • What to do when the assets are not recoverable
    • What does the Interim Final Rule on the Troubled Assets Relief Program (TARP) Standards for Compensation and Corporate Governance mean for "clawbacks", golden parachutes, and more?
  • Examining "Hold Through Retirement" provisions
  • The latest on non-competes and other restrictive covenants
  • How to craft protective severance and termination clauses
    • Defining material terms
  • Overcoming challenges in enforcement with change in control agreements, incentive compensation and bonus programs
  • Resolving ambiguity related to change in control of a public company
    • do payments accelerate or vest?
    • what to do with the possibility of a double trigger?

To register for this seminar, please click here.